Agent of State Prison v. Lathrop
Michigan Supreme Court
Error to Jackson Circuit Court. Henry B. Lathrop brought an action of covenant, in the circuit court, against the agent of the state prison, for a breach of articles of agreement; by which the agent of tho the prison had let to him the, services of a number of convicts for a term of year*, and recovered a judgment for $5,7-35 (53. The convicts were let by the agent of the prison, under an act entitled “ An act authorizing the agent of the state prison to lease, for a term of…
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Error to Jackson Circuit Court. Henry B. Lathrop brought an action of covenant, in the circuit court, against the agent of the state prison, for a breach of articles of agreement; by which the agent of tho the prison had let to him the, services of a number of convicts for a term of year*, and recovered a judgment for $5,7-35 (53. The convicts were let by the agent of the prison, under an act entitled “ An act authorizing the agent of the state prison to lease, for a term of years, the labor of convicts in the state prison.” Sess. L. 1842, p. 130. The first two sections of the act are as…
1Opinion of the Court
*440 By the court,
Wing, J.
The counsel for the defendant in error insists that the second section of the act was simply directory, and whether the agent did or did not comply with its provisions, the rights of the defendant were in no wise affected thereby.
The first section of the act does not in terms authorize the agent of the prison to let the services of the prisoners. No one, in reading this section, would be likely to maintain that anything was intended by it, further than the employment of the prisoners by the agent, in the prison. It is only by reading the second section that we are…
2Cases cited2 opinions
- People v. AllenNew York Supreme Court · 1831
- Sandford v. HandyNew York Supreme Court · 1840
3Cited by7 opinions
- In Re BAIL BOND FORFEITUREMichigan Supreme Court · 2014
- Wykoff v. W. H. Wheeler & Co.Supreme Court of Oklahoma · 1913
- Camp v. McLinSupreme Court of Florida · 1902
- Hill v. CallaghanMichigan Supreme Court · 1875
- In Re BAIL BOND FORFEITUREMichigan Supreme Court · 2014
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